Saturday, November 30, 2019
Tolerance Comes Into Play Essays - To Kill A Mockingbird, Atticus
Tolerance Comes Into Play Tolerance Comes into Play Tolerance is a good virtue to own, without it there is no way to succeed. To Kill a Mockingbird is a great novel written by Harper Lee. In this book, a great deal of tolerance is shown by Atticus. His tolerance is shown especially in the town, when dealing with his kids and when talking to Aunt Alexandra. The theme of tolerance is shown by Atticus when he is in the town. Many of the town's people give Atticus a hard time because he is defending a black in court and he is white. There is a white person against the black yet Atticus is defending the black person, and that is what makes some people give him a hard time. In a quote from the book: Your father's no better than the Niger's and trash he works for, said Mrs. Dubose to Scout. People just like Mrs. Dubose talk behind Atticus and also say mean or hateful things about him because he is defending a black. Although they say all this stuff he has enough tolerance and does not fight back nor say mean and/or hateful things towards them. He uses his self-control (tolerance) and lets them talk. He expresses in the book that, people can talk and say but you do not have to do anything about it. Atticus just lets it pass by him. This is one way he shows tolerance in the book. The theme of tolerance is shown by Atticus, when he is dealing with his kids. His two kids, Scout (girl) and Jem (boy), do get into mischief. And when they do he deals with it calmly and rationally. A quote dealing with this particular incident were he is talking to Scout is: Let's get this clear: you do as Calpurnia tells you, you do as I tell you, and as long as your aunt's in the house you do as she tells you. Understand? Atticus says this to Scout after she mouthed off at Aunt Alexandra. He calmly and rationally dealt with the situation then moved on. He didn't yell, hit, or argue, just simply stated the obvious. He shows a lot of tolerance when dealing with Scout and her stubborn ways. He does the same with Jem (Jeremy) as well. He treats his kids with respect as if they were adults. He does hot argue he says what he wants and if there is a conflict he walks away from it. Jem and Scout may make him mad sometimes but he treats them how he wants them to treat their peers. He shows a lot of tolerance when dealing with his kids. The theme tolerance is also shown when Atticus is talking to Aunt Alexandra. Aunt Alexandra argues with people a lot, especially about the way he is raising his kids or how she wants things to be done in a certain way. Obviously if you argue to a person about how they are raising their children or doing something they have done the same way for a long time, it is going to make the parents mad. Aunt Alexandra does this to Atticus a lot and he does get mad but he holds his anger in and shows a lot of tolerance. This is shown in a quote from the book: Atticus's voice was even: 'Alexandra, Calpurnia's not leaving this house until she wants to. You may think otherwise, but I couldn't have got along without her all these years... Atticus said this to his sister, Aunt Alexandra, after she says to Atticus that she wants Calpurnia to leave the house since she (Alexandra) can take care of the kids. And there is no need to have Calpurnia in the house if she is not needed and just taking up space. Atticus was very mad when she said that, but he rationally told her no, and he did not yell. He kept his voice normal. He shows a tremen dous amount of self-control over yelling at her and a tremendous amount of tolerance to not get to the point were he needs to yell and scream at her. Atticus has a lot of tolerance when talking to Aunt Alexandra. When
Tuesday, November 26, 2019
The relationship between employees job satisfaction and customer satisfaction in service business
The relationship between employees job satisfaction and customer satisfaction in service business Abstract This study is conducted within the bank of America and is aimed at showing the relationship between employee satisfaction and customer satisfaction in the banking industry.Advertising We will write a custom proposal sample on The relationship between employees job satisfaction and customer satisfaction in service business specifically for you for only $16.05 $11/page Learn More The study is necessitated by the realization that customer satisfaction is determined by the perceptions the customers have on the nature and the quality of services offered. Since the study focuses on the correlation between employee satisfaction and customer satisfaction at a specific point in time, a cross sectional study design is chosen. 104 participants will be targeted for this study, 53 of which will be employees of the bank of America. Data will be mostly collected through written interviews. However provision for oral interview will be available especially for corpo rate clients who may be too busy to fill in written interviews. Seven aspects of job satisfaction will be measured and correlated with five categories of customer satisfaction. The study concludes that customer satisfaction is directly influenced by employee satisfaction. A number of factors interplay in this relationship. These include job security, work load, motivation, and employee empowerment, among others. Introduction Management experts believe that business success is attained through offering quality service to customers. However, not many of these experts link quality service with the level of employeesââ¬â¢ satisfaction. Suffice to state that the service industry is seen as one of the key sectors of growth in any economy. As such, proper management of the service industry is needed to ensure that the value of service offered does not compromise customer expectations. This is because, negative customer perceptions about the nature and the quality of service offered is d etrimental to business growth. This suggests that customersââ¬â¢ perceptions about service quality are directly proportional to the business success achievable.Advertising Looking for proposal on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More There a number of characteristics unique to the service industry. Employees in the service industry put in more hours while serving numerous customers, most of whom have complicated needs. This usually makes the job of customer service providers very cumbersome. As a result, Yagil (2006) explains that service providers are most likely to be fatigued and burned out. Such burn out has a direct influence on the quality of service offered. In a survey conducted by Burke, Graham and Smith (2005), it is found out that customer service is a psychological intercreative human experience. This implies that service provision is relational, face to face, and has got nothing to do w ith the products that the service provider offers. A good intercreative environment thus improves the perception of the customer on the quality of service offered. As such, two major conclusions can be made from the assertion above: perception plays a vital role in determining the nature of service quality; customer service provision is a psycho social activity. Burke et al. (2005) conclude that service provision has to be offered appropriately; otherwise the customer is dissatisfied. This leads to loss of business. This assertion is confirmed in a study conducted within the Indian mobile phone industry by Sathish, Santhosh, Naveen and Jeevanantham (2011). In this study, it is evident that one of the major reasons why consumers of Indian mobile phone services switch providers is poor quality of service offered. Therefore, customer satisfaction is directly connected to nature of service offered. The level of employeesââ¬â¢ satisfaction varies and can be attributed to a number of f actors. These include poor salaries, employee attrition, work load issues as well as employee empowerment (Bull 2005; Yagil 2006). Yagil (2006) and Burke et al. (2005) add that the perception of the customer on the quality of service is directly connected to employeesââ¬â¢ satisfaction. These factors, coupled with employee burn out determine the kind of behavior exhibited by employees within the customer service industry. As a result, service providers portray loss of enthusiasm and positive regard for their jobs, lack of concern for clientsââ¬â¢ needs, both emotional and physical exhaustion among other behaviors (Yagil 2006).Advertising We will write a custom proposal sample on The relationship between employees job satisfaction and customer satisfaction in service business specifically for you for only $16.05 $11/page Learn More During the cause of service provision, if employees portray negative attitudes and behaviors towards the customer, the cus tomersââ¬â¢ level of satisfaction with service quality decreases. This assertion can be attributed to the fact that social behavior is determined by the perceptions about the underlying motives and the prevailing environment, within which service is offered (Yagil 2006). As such, the perception of the customer regarding the quality of service offered is influenced by the behavior and attitude portrayed by employees. The studies above suggest a complex relationship between customer satisfaction, employee behavior and the quality of service offered. Customer satisfaction determined by customersââ¬â¢ perception on the quality of service offered. Employeesââ¬â¢ conduct is determined by how the customers perceive value of service offered. The perception of the customer is influenced by the level of job satisfaction. As mentioned above, previous studies reveal that employee satisfaction is directly related to customerââ¬â¢s perception on service quality. As such, it is imperat ive to conclude that there is relationship between employeesââ¬â¢ job satisfaction and customer perception of service quality which affects the overall satisfaction in the service business. While previous studies focused on hotel, teaching and telephone industries, there does not exist any study that focuses on the relationship between employee satisfaction and customer satisfaction within the banking sector. As such this study seems relevant. The purpose of this study is to test hypothesis that the there is a relationship between employee satisfaction and customer satisfaction and perceived service quality. As such, the following questions seem relevant for this study: Do customers report higher satisfaction with service quality when employees indicate higher levels of work satisfactions? What aspects of job satisfaction that directly effect employeesââ¬â¢ morale and behavior and how it effects customer satisfaction? To supply answers to this questions, the cross sectional study design has been chosen. Data for this study will be collected, separately, from employees and customers of Bank of America New York branch.Advertising Looking for proposal on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Since previous studies show that customer satisfaction is dependent on perceptions about employeesââ¬â¢ job satisfaction, for the purpose of this study, employee satisfaction is the independent variable and customerââ¬â¢s satisfaction is the depended variable. The bank of America was chosen because of the high number of customers served by the bank as well as high number of employee within the bank. As such, the banks employees and customers will provide sufficient sources of data for this study. Methodology This study targets both the employees and customers at the bank of Americaââ¬â¢s New York branch. The branch is chosen due to its central location as well as due to the fact that its serves a large clientele base. The study targets both individual and corporate customers, who will be observed at a particular point in time. A total number of 104 customers will be targeted. The number 104 has been chosen not because it has any special meaning in relation to the study but since it is manageable, and will also allow the researcher to collect as much data as possible. The target population will be divided into 53 employees and 51 customers. Out of the 51 customers, 17 corporate will be targeted. All the employees targeted for this study will be from departments that deal directly with the customers. As such, employees from the customer relations desk, tellers, loan clerks, information officers among other will be provide valid data for this study. As explained above, the numbers chosen for this study have no special meaning in relation to the topic of the study. However, odd numbers are chosen for the sake of tallying. Since the researcher targets all types of clients and employees at a particular point ion time, a cross sectional study design seems relevant for this study. According to Rose and Barker (1997), a cross sectional study targets a subset of the entire population with the aim of providing data that can be used to formulate generalized assum ptions regarding the entire population. It is also imperative to mention that the study is based on observations made, whose results are related to the employee satisfaction (independent variable for this study) and customer satisfaction (dependent variable for this study). As Rose and Barker (1997) further explain, studies which evaluate the relationships between variables and seek to establish pattern are descriptive in nature. As such, this study is descriptive. Participants As explained previously, the study targets 104 participants. The participant will be selected from both the employees and customers of the bank of America. In total 53 employees and 51 customers (both corporate and individual) will be targeted. Since the researcher aims at targeting all types of clients, 17 out of the 53 customers will be corporate. Employees targeted will vary in terms of age, race, job description and gender. To ensure that equity is achieved, the study will identify employees for participa tion as follows. 25 women and 28 men will be identified from all departments especially those that deal with customers directly. The researcher will also identify at least 2 employees from each of the major races, namely Hispanics, Caucasians, blacks and Asians. It is imperative to get the perception of job satisfaction form employees in different age groups. As such, the age criterion for participant has been identified as follows. 25 years and below 26 to 35 years 36 to 45 years 46 to 55 years 55 years and above 51 customers are targeted for this study. Due to the complex nature of the customers, written and oral interviews have been identified as the suitable methods of data collection. Alternatively phone interviews will be used for corporate clients who may not be available during the time of the interview. Procedure Due to time, convenience and logistic constraints, it will be impossible contact each of the employees physically for a face to face interview. As such, written questionnaires are the preferred research tools for employees. As such each of the employees targeted will be requested to fill in a questionnaire separately. Emphasis will be made on providing responses to all questions. Data from employees will be correlated with data derived from the customers. Data which will be used to determine the level of job satisfaction will be derived from employees. To determine the level of job satisfaction, several aspects will be measured. These aspects are: job security, career future, financial rewards, work load, work appeal, leadership and direction. To address each of these issues, the questionnaire includes a table which employees will fill in their perceptions about each of the aspects The purpose of targeting customers is to measure the level customer satisfaction. As such customer satisfaction will be measured using a survey consisting of 22 questions based on the SERVQUAL scale that cover the 5 categories of service quality: reliability, res ponsiveness, assurance, empathy and tangibility. According to Yeck, Morales, Ladhari and Pons (2002) SERVQUAL is the only method which can accurately measure customer service by comparing the expectations of the customer about customer service and the real customer service experience. Therefore, based on Yeck et al.ââ¬â¢s (2002) assertions, it is justifiable to use SERVQUAL to analyze findings on customer service in this study The procedure implies that there are two sets of data to be collected for this study. After collection of the two sets of data, an analysis will be done. The criterion for analysis is to compare the live of employee satisfaction and the correlating customer satisfaction. Hypothetical results It is expected that the study will reveal that customer service is determined by customersââ¬â¢ perception about the quality of service offered. It is expected that the study will correlate financial rewards (salaries and other financial benefits) with job satisfacti on aspects. Furthermore, the work load as well as work schedule are expected to portray a significant influence in the employee satisfaction and the overall effect on the customersââ¬â¢ perceptions. Furthermore, employee attrition, work load and labor issues will show a direct influence on employeesââ¬â¢ satisfaction. Since, it is assumed that employees of the Bank of America will portray a level of dissatisfaction with their work; the study hopes to find a direct relationship between notable employeesââ¬â¢ dissatisfaction with work and the perceptions of customer on the quality of service offered by the bank. The researcher expects to find that employee dissatisfaction directly affects the job morale, and as such the customer perceives low morale with employee dissatisfaction. In this case the researcher hopes that the customer will cite low morale as one of the indicators of job dissatisfaction. Furthermore, the researcher hopes to find data which proves that the customer equates low morale with poor customer service. Within the course of the study, the researcher expects to find a significant level of employeesââ¬â¢ satisfaction. This is expected to show correlation with how customer perception on the quality of service rendered to them. As such, the study will find out that in those areas that employee exhibit a high degree of satisfaction, similar degree of employee satisfaction will be noticed. One of the key indicators of employeesââ¬â¢ satisfaction with the job is proper remuneration as well as positive perceptions by the customer about the quality of service offered. In this study it is expected that properly paid employees exhibit a high degree of job satisfaction. The study is also expected to expose the fact that positive customer perceptions about the quality of service offered to have a direct relationship with the level of employee satisfaction. As explained earlier, the customersââ¬â¢ perception about the quality of service of fered is founded on the perceptions the customers have about the employee job satisfaction. In this study, it is expected that the researcher expects to identify the speed at which employees offer service, employeesââ¬â¢ knowledge about products ad services as well as employeesââ¬â¢ willingness to assist customers as having a significant influence on how customers perceive the quality of service. Furthermore, the ability of employees to identify particular needs of each customer, the ability of employees to make the customers feel appreciated as well as confidence portrayed by employees influence customers perception on the quality of service offered. Additionally, both verbal and non verbal communication skills including neatness, dress mode, smiling, use of polite and courteous language, direct eye contacts, among others, as having a directly influence on how customers perceive customer service. Overall, the researcher expects to find out the following correlation between em ployee job satisfaction and the perceptions about the quality of service offered by the bank. In those services which employees exhibited behavior that portrayed them as highly satisfied with their jobs, then customer will be satisfied with services offered in those areas. Conversely, on those areas that employees exhibited behavior that indicated to the customers that they were dissatisfied with their job, customers will equate this as poor customer service. If perception about job satisfaction outweighs perceptions about job dissatisfaction, this leads to increased customer satisfaction, and as such increased rate of customer retention. Discussion The hypothetical results above confirm the hypothesis that employeesââ¬â¢ job satisfaction and customer perception of service quality affects the overall satisfaction in the service industry. From the hypothetical results above, it is evident that the quality of customer service is determined by the customer and not the service provid er. As such, this findings support Andreassen and Lindestadââ¬â¢s (1998) assertions that proper management of employees leads to increased employee satisfaction. In relation to this, the hypothetical findings will identify that there several aspects of human resource management, including proper remuneration, affect employee motivation and morale. Additionally, the results above affirm that, as explained by Ahmad, Ahmed, Nawaz and Ahmad (2011) that there are other factors which directly influence employee behavior. These include labor policy issues, work load among others, prolonged contact with customers, among others. These factors are expected to have an influence in the kind of behaviors exhibited by employees and the overall satisfaction with their job. As previously explained, Andreassen and Lindestadââ¬â¢s (1998) assert the need to improve human resource management practices by service industry players. In this regard, Ahmad et al. (2011) stipulates that giving full con trol to employees improves job satisfaction, since employees feel that they are in charge of their work. This corroborates Yagilââ¬â¢s (2006) assertion that empowerment means the process of gaining influence over events and outcomes of importance to an individual or groupâ⬠. In this case, empowering employees significantly enables employees exert influence over customers. This is as a result of the findings that empowering employs directly influence the performance on the job. As such, the more empowered the employee is, the higher the performance on the job. Coupled with other factors mentioned above, such employees are able to meet the demand of the customers and as such this increases customer satisfaction. It can therefore be concluded that how employees behave determine perception on the nature and the quality of service offered by service providers. These conclusions can be validated through the findings explained above, which assert that there are a number of employee sââ¬â¢ behaviors which are directly related to employee job satisfaction. These behaviors are reflected as follows. The friendliness of employees towards the customers; if employees are friendly the customers perceives such employees as highly satisfied with their jobs. This creates a good relationship with the customers, effectively impressing the employees positively regarding the nature of customer service rendered (Andreassen and Lindestad 1998). Similar effects are realized if employees portray a commendable knowledge of products and services, the willingness of employees to assist the customers as well as the confidence portrayed by employees in handling customer relations issues. Two of the behavior mentioned previously results portray a significance influence on perception of customers regarding customer service. The ability of the employees to identify particular needs of each customer greatly enhances the relationships between the two parties. This creates an immediate positive perception about the nature of customer service. Furthermore, good communications skills by the employees are most like to make the customers feel appreciated, thus raising perception about good customer service. Additionally good communication skills are enhanced by non verbal skills such as neatness, smiling, among others. The discussion above shows that customer perception on the nature of customer service based on observable employee behavior. As such, these findings identify an area of interest of which service providers must consider. While human management issues especially those concerning empowerment and provision of tools and facilities to work are vital towards raising employeesââ¬â¢ morale, the study also highlights the need to manage employee behavior. This can be attained through motivation and behavioral training. Furthermore, since this study is cross sectional in nature, it only answers the question of employeeââ¬â¢s satisfaction and the relationship it has on customer service, at a particular point in time. This leaves other important questions answered. Such questions include the relationship between employee satisfaction and customer perception on customer service on long term basis. As such, there is need to study this complex relationship over a long period of time. Thus longitudinal studies seem relevant. In addition, this study cannot be used to make valid generalizations, since it is cross sectional in nature. Cross sectional studies are time limited and as such only target a small part of the population (Rose and Barker, 1997). While the data produced is valid, the results cannot used to make generalization about the relationship between customer satisfaction and perception about customer service in the entire service industry, since the target population cannot be used as a fair representation of the entire service industry. Conclusion It is evident that employeesââ¬â¢ satisfaction bears heavily on customer percepti ons about customer service and the general satisfaction in the service industry. Despite the fact that there are a number of factors that influence the relationship, the nature customer satisfaction largely depends on the perception the customers have on employee satisfaction. Since customer form their perception based on observable employee behavior, service provider must be keen on the type of behavior exhibited by their employees. As such, other than proving that employees and customer satisfaction are related, the stud provide evidence needed for further action by service providers, especially on the need to train employees on behavior management. Furthermore, the study is cross sectional and as provides opportunities to conduct longitudinal research in future. References List Ahmad, Z., Ahmed, I., Nawaz, M. and Ahmad, Z. (2011). Job Satisfaction of Middle Level Managers in Pharmaceutical Industry of Pakistan Vol. Journal of Management Review, 1(1). Andreassen, T., and Lindestad , B. (1998), Consumer loyalty and complex services.à International Journal of Service Industry Management, 9 (1). Bull, F. (2005). The relationship between job satisfaction and organizational commitment amongst high school teachers in disadvantaged areas in the Western Cape. Web. Burke R., Graham J and Smith F. (2005). Putting the customer second. TQM Journal, 17(1). Rose, C. and Barker J. (1997). Case-control and cross-sectional studies. London: BMJ. Sathish, M., Santhosh, K., Kumar, K. Naveen, J. and.Jeevanantham, V. (2011). A study on consumer switching behavior in cellular service provider: a study with reference to Chennai. Far East Journal of Psychology and Business, 2(2). Yagil, D. (2006). The relationship of service provider power motivation, empowerment and burnout to customer satisfaction. Journal of Service Management, 17(3). Yeck, S., Morales, M., Ladhari, R., and Pons, F. (2002). 10 years of service quality measurement: reviewing the use of the SERVQUAL instrument. Cu adernos de Diffusion, 7(13).
Friday, November 22, 2019
Why Veins Look Blue Even Though Blood Is Red
Why Veins Look Blue Even Though Blood Is Red Your blood is always red, even when it is deoxygenated, so why do your veins look blue? They arent actually blue, but there are reasons why veins look that way: Skin absorbs blue light:Ã Subcutaneous fat only allows blue light to penetrate skin all the way to veins, so this is the color that is reflected back. Less energetic, warmer colors are absorbed by skin before they can travel that far. Blood also absorbs light, so blood vessels appear dark. Arteries have muscular walls, rather than thin walls like veins, but they likely would appear the same color if they were visible through the skin.Deoxygenated blood is dark red:Ã Most veins carry deoxygenated blood, which is a darker color than oxygenated blood. The deep color of blood makes veins appear dark, too.Different sizes of vessels appear different colors:Ã If you look closely at your veins, for example, along with the inside of your wrist, youll see your veins are not all the same color. The diameter and thickness of the walls of the veins play a part in the way light is absorbed and how much blood is seen through the vessel.Vein color depends on your perception:Ã In part, you se e veins as more blue than they really are because your brain compares the color of the blood vessel against the brighter and warmer tone of your skin. What Color Are Veins? So, if veins arent blue, you may be wondering about their true color. If you have ever eaten meat, you already know the answer to this question! Blood vessels appear reddish-brown in color. There isnt much difference in color between arteries and veins. They do present different cross-sections. Arteries are thick-walled and muscular. Veins have thin walls. Learn More Why Blood Isnt BlueWhy Babies Have Blue EyesWhy the Sea Is BlueChemical Composition of Human BloodIntro to Biochemistry Reference: Kienle, A., Lilge, L., Vitkin, I.A., Patterson, M.S., Wilson, B.C., Hibst, R., Steiner, R. (1996).Ã Why do veins appear blue? A new look at an old question.Ã Applied Optics, 35(7), 1151-1160.
Thursday, November 21, 2019
Pollution Of New Energy Resource Essay Example | Topics and Well Written Essays - 750 words
Pollution Of New Energy Resource - Essay Example With the current issue of global warming, generation of energy from solar power is one of the best options for managing the problem. Use of solar power has a high likelihood of reducing the challenges of global warming affecting the world today. There are different ways in which solar energy can be used. It is as a result of this that there exist different forms of solar energy. For example, passive solar systems use absorptive structures of houses in heating water beside homes. Active solar energy systems are other types of solar systems that depend on solar collectors to harness solar energy. This type of solar can be used in the generation of electricity. The electricity generated by this solar is channeled to an electrical grid. It is as a result of this that I considered generating energy from a solar bag. Solar bags use the same principle of energy generation from the sun like other solar systems. The solar bag constitutes small, thin as well as durable solar panels. The solar panels in the solar bags are made up of photovoltaic cells which have the ability to generate electricity from the direct sunlight. As the light and energy from the sun hit the solar panel, the cells absorb the energy as well as the daylight making the flow freely since they become loose. The electric field created in the photovoltaic cells ensures the electrons have flown in one direction creating an electric current that is harnessed by metal contact cells that are attached to the top and bottom of the cells.
Tuesday, November 19, 2019
Trademark Assignment Essay Example | Topics and Well Written Essays - 4000 words
Trademark Assignment - Essay Example The definition and nature of the tort of passing off as well as the protection accorded the registration of a trademarks will best illustrate the significance of passing off since the introduction of the registered trademark system. This paper is therefore divided into two parts. The first part of this paper is committed to the definition and nature of the tort of passing off. The second part of this paper will examine the trademark registration system and will analyse how it runs parallel to the tort of passing off. I. The Tort of Passing Off A. Definition and Essential Elements of Passing Off Passing off is a common law concept created by judges. Lord Parkerââ¬â¢s definition of passing off in Spalding v Gammage (1915) sets out the general significance of an action for passing off. Lord Parker defined passing off as a prohibition against the representation of oneââ¬â¢s goods as those of another.3 A more detailed definition of passing off is provided in the Advocaat case in whi ch Lord Diplockââ¬â¢s definition encapsulates the essential elements of passing off. In this regard, passing off is required to be made by virtue of a misrepresentation. This misrepresentation must be made by a business trader operating in the course of his business dealings. The misrepresentation must also be made to consumers with respect to the goods and services provided by the trader. The misrepresentation must be such that it is designed to bring about harm to the goodwill or the business of a comparative business. The misrepresentation must bring about actual damages to the goodwill of business or must be likely to bring about damages.4 The essential elements of passing off which ultimately defines the tort of passing off are more particularly delineated in the House of Lords decision in Reckitt and Colman Ltd. v Borden (1990). In this case, the House of Lords described what has come to be known as the classic trinity. The classic trinity sets out the three essential eleme nts that the claimant relying on the tort of passing off must prove. First the claimant must demonstrate that the claimants services or goods have established a reputation or goodwill that separates those goods or services from comparable goods or services. Secondly, there must be evidence that the defendant misrepresented his/her goods or services with the result that it creates confusion in that the goods or services offered by the defendant are mistaken for those of the claimant. Finally, there must be evidence that the claimant is likely to incur damages as a result of the misrepresentation.5 It therefore follows that that definition and the essential elements of passing off was trimmed down by the House of Lords in the Reckitt case to encapsulate three factors. What can be gleaned from the definition and essential elements of passing off is that it aimed at protecting the reputation attached to a trade mark rather than the mark itself. This aspect of the tort of passing off is demonstrative of its significance since the introduction of the trade mark registration system. Essentially, registration protects the mark whereas a parallel right of action exists in protection of the reputation and goodwill attached to the trademark. Therefore an unregistered trademark remains
Saturday, November 16, 2019
Types of Essay and Examples Essay Example for Free
Types of Essay and Examples Essay The Expository Essay The main function of the expository essay is to explain, or to acquaint your reader with something; it can be used to describe, explain or present some information. In order to write an expository essay, preparation and background research will be required. This will arm you with facts and information that will be subsequently conveyed to your reader. Expository writing will also require you to show understanding of the chosen topic ââ¬â this is why many professors and tutors choose this essay type to check how well a student has mastered a given topic. In their most common form, expository essays will take about 5 paragraphs; however, classes and instructors may require them to be larger in size. No matter the size, an essay should at all times include an introduction and a conclusion ââ¬â the body length may vary. The Persuasive Essay If you have to persuade your reader about something, your essay becomes a persuasive one. With this type of writing you will need not only to prove your point, but will also have to persuade your opposition that your viewpoint is logical and well founded, and thus ââ¬â better. In this case, you are no longer merely showing what you know; you are convincing the reader that you are correct in your viewpoint. In order to write this kind of essay it is important to prepare in advance by choosing a side, making a case for it, anticipating alternative arguments and finding ways how to refute them. You must be aware of other sides of the argument and be fair to them; dismissing them completely will weaken your own argument. It is always best to take a side that you believe in, preferably with the most supporting evidence. It can often be educational to adopt a different position from what you might normally choose (debating requires this kind of flexibility). The Informal Essay The informal essay is a type of essay written mainly for enjoyment. This is not to say that it cannot be informative or persuasive; however, it is a less formal statement with a more relaxed expression of opinion, observation or humor. A good informal essay has a relaxed style but retains a strong structure, though the structure may be less rigid than a formal paper. The informal essay tends to be more personal than the formal, even though both may express subjective opinions. In a formal essay the writer is in a silent presence behind the words, while in an informal essay the writer is speaking directly to the reader in a conversational manner. If you are writing informally, try to maintain a sense of your own personality. Do not worry about sounding academic, but make sure you avoid sloppiness. Explaining Writing or Concept Essay Explaining essays inform the reader about something they donââ¬â¢t know.These are essays that teach, so you will often find this sort of writing in textbooks, instruction manuals and any information source online.Your purpose in this essay is to inform your readers about an aspect of a concept they may not know about or have thought about before. These sorts of essays may explain and event, explain a cause, or explain what or who. See my other hubs for information on event and cause essays. The Review A review may be either formal or informal, depending on the context. Its goal is to evaluate a specific piece, perhaps a novel or movie. This implies that the reviewers personal opinion plays a significant role in the process. Despite a degree of subjectivity, a certain objective standard needs to be maintained and, as in a persuasive essay, your assertions need to be proved. The formality of the review will be determined by how much of the essay is analysis, how much is summary, and how much is your reaction to the work you are reviewing. A more formal review will not only discuss the work or its own merits but will also place it in context. Newspapers and popular magazines tend to review in terms of finance, e.g. is this record or film worth spending money on? Critical journals will attempt to determine whether a new novel or play has achieved something new and significant. A good review will discuss both these qualities and the importance of a given work. The Research Essay The research essay leads you into the works of others and asks you to compare their thoughts with your own. Writing a research paper involves going to source material and synthesizing what you learned from it with your own ideas. You must find texts on the subject and use them to support the topic you have been given to explore. Since it is easy to become lost in a wilderness of outside material, you must take particular care in narrowing your topic. The greatest inherent danger in the research essay is plagiarism. If your paper consists of a string of quotations or paraphrases with little input of your own, you are not synthesizing but copying, and you should expect a low grade. If any of the borrowings are unacknowledged, you are plagiarizing and the penalties are severe. The Literary Essay In the literary essay, you are exploring the meaning and construction of a piece of literature. This task is more complicated than reviewing, though the two are similarly evaluative. In a review you are discussing the overall effect and validity of a work, while in a literary essay you are paying greater attention to specifics. A literary essay focuses on such elements as structure, character, theme, style, tone, and subtext. You are taking a piece of writing and trying to discover how and why it is put together the way that it is. You must adopt a viewpoint on the work in question and show how the details of the work support your viewpoint. A literary essay may be your own interpretation, based only on your reading of the piece, or it may be a mixture of your opinions and references to the criticism of others, much like a research paper. Again, be wary of plagiarism and of letting the opinions of more experienced writers swamp your own response to the work. If you are going to consult the critics, you should re-read the literary work you are discussing and make some notes on it before looking at any other opinions. The Argumentative Essay The art of argumentation is not an easy skill to acquire. Many people might think that if one simply has an opinion, one can argue it effectively, and these folks are always surprised when others dont agree with them because their logic seems so correct. Additionally, writers of argumentation often forget that their primary purpose in an argument is to win it ââ¬â to sway the reader to accept their point of view. It is easy to call names, easy to ignore the point of view or research of others, and extremely easy to accept ones own opinion as gospel, even if the writer has not checked his or her premise in a couple of years, or, as is the case for many young writers, never questioned the beliefs inherited from others. Want to know what you think about something? Then write an argumentative essay. To be fair, however, youll find that one of the first things you must do is become an expert on the issue. When you pick a topic, you should avoid writing about issues that cannot be won, no matter how strongly you might feel about them. The five hottest topics of our time seem to be gun control, abortion, capital punishment, freedom of speech, and probably the most recent, euthanasia, or the right to die. If possible, avoid writing about these topics because they are either impossible to win, or because your instructor is probably sick of reading about them and knows all the pros and cons by heart (this could put you at a serious disadvantage). If you have difficulty picking a decent topic for your essay, feel free to check out our list of good argumentative essay topics. Either way, the topics may be some fine reading material, because most people are somewhat aware of the problems and can then concentrate on understanding the method of argument itself. But care should be taken; if you read one side, you also read the other. Far too many individuals only read the side that they already believe in. These issues cannot be won for good reason: each touches on matters of faith and beliefs that for many people are unsha kable and deeply private. The Cause and Effect Essay The cause and effect essay includes some elements of writing that might be considered more professional than those a descriptive or narrative essay might include. It is very important, for instance, that your tone be reasonable, and that your presentation be factual and believable. Sources are often required in a cause/effect paper, and your choice of these sources is important as they reflect on the validity of your paper. Additionally, the first-person point of view does not work; you should sound objective and impartial. Consider the following sentences: I believe that gun control measures should be taken in every hamlet in America. Gun control measures should be taken in every hamlet in America. In the first sentence, the first person is used. This would work in a narrative, but here it actually limits the meaning of the sentence to just the writer, and it makes the writer sound weak ââ¬â as if he were justifying himself or herself. The second sentence is much more forceful. It makes a statement and does not limit itself to just what the writer believes. The purpose of a cause and effect paper is to be as convincing as possible, and to convince readers to accept the cause/effect as fact. The Comparison and Contrast Essays The main purpose and function of compare and contrast essays is obvious ââ¬â to find similarities and dissimilarities between two or more objects or things. This kind of writing requires the writer to be an observer; in most cases it doesnââ¬â¢t require scholarly research or any specific referencing. Such essays are mostly subjective in nature, and writers are required to come up with differences or similarities they are able to point out and analyze. There are different compare and contrast patterns for these essays, yet the overall essay structure remains invariable: there should be an introduction, a few body paragraphs and a conclusion. While working on your compare and contrast essay, donââ¬â¢t forget to use the so-called cue words. These words help you to tie paragraphs together by means of small logical connectors. For example, you can use words like: on the one hand/on the other hand, this is such/in contrast, however, like, as well, too, unlike, though, but etc. These words will pull your essay together and will make it hold better. Check out an article that covers our compare and contrast essays in detail ââ¬â and good luck with your writing! Expository Essay Sample The Internet and Society Modern society has undergone radical development in the last 20 years. Computers were once just a means to solve mathematical equations. Rapid advances in technology have altered the way in which people interact with computers, as well as the functionality of these smart machines. With the advent of a worldwide and nearly universally accessible web, the way in which we interact with each other has changed drastically. People from all over the world can instantaneously exchange both business and personal information. Internet commerce has become a huge part of the daily lives of millions, as well as social networking and streaming media. Most recently, portable electronics capable of nearly all internet-related tasks have become a common possession for the average middle-aged American. The unlimited free exchange of information has changed, and is continuing to change, in very profound way, society at large. ââ¬Å"The internet is probably most famous for the ability to spread information, fact or fiction.â⬠(Nikolovska, 2007) Despite the many positive influences the internet has had on our society, one cannot ignore the negative repercussions. Many vendors have become faceless, and the examination of goods prior to purchase has been reduced to pictures. While there are many reputable online stores, there are those with less ethical aims. People must be wary of any and all information sharing and purchases conducted online, to avoid the transfer of funds or personal data to unscrupulous entities. Likewise, information obtained via the internet needs to be scrutinized in order to determine accuracy. According to the 2010 U.S. Intellectual Property Enforcement Coordinator Annual Report on Intellectual Property Enforcement ââ¬Å"The digital environmentâ⬠¦ presents enormous challenges to businesses, consumers, governments, citizens, communities, and families, particularly as new tec hnologies and platforms disrupt traditional business models, means of governance and modes of private communication and expressionâ⬠In essence, the Internet has begun to change nearly every aspect of our lives and shows no signs of stopping. Personal safety threats related to the popularity of social networks, especially amongst the youngsters, is another huge Internet-related issue. ââ¬Å"They are taking us somewhere exciting, but we have to work out how we deal with the fading boundaries these tools have left in their wake, and that means rewriting our social rules as we go alongâ⬠(Hoover, 2009). With the human race being a social specie by nature, it was inevitable that new advanced methods of communication would eventually be developed. The Internet has revolutionized interpersonal communication since its inception with advances such as email and instant messaging. More recently, websites devoted entirely to communication have emerged. The most popular example of such social networks is Facebook. Members of various social networks input personal data, upload photographs, and personalize many aspects of their own unique pages within the site. They may then connect and share this information with as many people as they desire. The social networks have gained such popularity that one is nearly certain to find their friends and co-workers via online means. implications are unforeseeable. A world in which all people may communicate openly with one another, regardless of the physical distance between them, was once no more than a very tempting idea, but is now the norm. The world is very much analogous to an organism, and to quote a fictional doctor: ââ¬Å"All organisms evolve and develop along patterns only recognized in retrospect.ââ¬
Thursday, November 14, 2019
Essay --
Disease and disorders affect a vast amount of lives in todayââ¬â¢s world. Diseases are conditions that affect normal functions of the body. Many diseases and disorders are still being discovered and explored by scientists. One disorder that can disturb a personââ¬â¢s daily life and events is Generalized Anxiety Disorder also known as GAD. Generalized Anxiety Disorder is a disorder causing constant and often unrealistic worry and anxiety. It alters the way a person thinks and can ultimately lead to physical symptoms. This disorder, while having many physical and emotional affects, can be managed and maintained. Pathophysiology Worry, doubt, irritability, exaggerated anxiety, and unexplained tension are just a few of the many effects of Generalized Anxiety Disorder or GAD. While the symptoms arenââ¬â¢t life threatening, they remain unpleasant to control and many feel so overwhelmed, this can lead to patientââ¬â¢s use of substances and occasionally suicide. Though the cause of this disorder remains unknown, the main source of GAD comes from the brain. Genetics, Brain chemistry, and environmental factors are believed to be the main causes of onset of GAD. ââ¬Å"Trauma and stressful events, such as abuse, the death of a loved one, divorce, changing jobs or schools, may lead to GADâ⬠(WebMD: Anxiety & Panic Disorders Health Center, 2012, p.2). The neurotransmitters tell the brain how to feel and react. Many neurotransmitters have been connected to this disorder, including serotonin, GABA, and Norepinephrine. When hormones become thrown off or unbalanced this can also trigger Generalized Anxiety Disorder. Calm Clinic: Neurotransmitters and Anxiety states (2013), ââ¬Å"Interestingly, too much or too little of any hormone may also affect anxiet... ...d health professionals as well. Medical practitioners encourage healthy habits, such as an exercise plan, to push the body to producing and releasing more endorphins. The medical provider may also recommend life style changes and that the patient find a hobby to preoccupy those anxious thoughts. There are many options available to help a patient deal with this illness. Generalized Anxiety Disorder is becoming more commonly recognized every day by healthcare providers; therefore the physical and mental symptoms are becoming more easily managed. The worrying, stress, and physical symptoms brought on by GAD can be treated with many options, previously not available. While an untreated patient may feel hopeless and helpless, with a treatment plan created by healthcare professionals, a person can feel like they are in control of their mental status and life again.
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